BAILII: Recent Decisions

Posted November 29th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Hussain & Anor v Secretary of State for the Home Department [2021] EWCA Civ 2781 (26 November 2021)

Ciftci v London Borough of Haringey [2021] EWA Civ 1772 (26 November 2021)

McKeown v Langer [2021] EWCA Civ 1792 (26 November 2021)

Carrington v Revenue And Customs [2021] EWCA Civ 1724 (26 November 2021)

Court of Appeal (Criminal Division)

Hunter & Anor, R. v [2021] EWCA Crim 1785 (26 November 2021)

High Court (Administrative Court)

S&S Consulting Services (UK) Ltd, R (On the Application Of) v Revenue And Customs [2021] EWHC 3174 (Admin) (26 November 2021)

Ok, R (On the Application Of) v The Royal Free London NHS Foundation Trust [2021] EWHC 3165 (Admin) (26 November 2021)

Youssef, R (On the Application Of) v The Secretary of State for Foreign, Commonwealth and Development Affairs [2021] EWHC 3188 (Admin) (26 November 2021)

High Court (Chancery Division)

Hall v Hall & Ors [2021] EWHC 3183 (Ch) (26 November 2021)

Bank of Scotland Plc v Hoskins [2021] EWHC 3190 (Ch) (26 November 2021)

High Court (Commercial Court)

Neath Port Talbot (Recycling) Ltd v James Heys & Sons Ltd [2021] EWHC 3157 (Comm) (26 November 2021)

High Court (Family Division)

Al Saleh v Nakeeb [2021] EWHC 3186 (Fam) (26 November 2021)

YP (Adoption of 18 Year Old) [2021] EWHC 3168 (Fam) (26 November 2021)

High Court (Patents Court)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2021] EWHC 3192 (Pat) (26 November 2021)

High Court (Queen’s Bench Division)

Joe Macari Servicing Ltd v Chequered Flag International Inc [2021] EWHC 3175 (QB) (25 November 2021)

Source: www.bailii.org

Statutory Instruments – legislation.gov.uk

Posted November 29th, 2021 in legislation by tracey

SI 2021/1323 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 19) Regulations 2021

SI 2021/1322 – The Equality Act 2010 (Commencement No. 16) (Wales and Scotland) Order 2021

SI 2021/1331 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 20) Regulations 2021

Source: www.legislation.gov.uk

Channel deaths: the UK has clear legal responsibilities towards people crossing in small boats – EIN Blog

Posted November 29th, 2021 in news by tracey

‘At least 27 people have drowned in the English Channel attempting to cross in a small boat. There were three children, seven women, one of whom was pregnant, and 17 men. Although a joint search and rescue operation was seemingly launched in the narrow maritime area between the UK and France (which is only 20 miles wide), the highly equipped authorities of both coastal states were not able to intervene in time to save the victims. The British government has responded to these deaths by calling on France to take back anyone who attempts the crossing. Speaking in parliament following the tragedy, Home Secretary Priti Patel placed heavy emphasis on the French government’s responsibility for the tragedy, which she said was “not a surprise”.

Regardless of how these people got there, the UK has clear legal responsibilities to anyone who finds themselves in trouble in the Channel. However much French authorities bolster their own efforts, the UK is obliged by multiple international conventions to maintain robust search and rescue operations in the area.’

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EIN Blog, 26th November 2021

Source: www.ein.org.uk

Mandatory vaccination for care home workers not unlawful nor in breach of ECHR – UK Human Rights Blog

Posted November 29th, 2021 in news by tracey

‘Peters & Anor, R (On the application of) the Secretary of State for Health and Social Care & Anor [2021] EWHC 3182 (Admin), 2 November 2021. This was a renewed application by the claimants for permission to proceed with a judicial review challenge to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which requires a registered person who runs a regulated activity in a care home to ensure that any person entering the premises has been vaccinated, unless for clinical reasons that person is exempt.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Capacity to engage in sexual relations: the relevance of the partner’s consent – UK Human Rights Blog

Posted November 29th, 2021 in news by tracey

‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable? – Local Government Lawyer

Posted November 29th, 2021 in news by tracey

‘The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Man-shed miscalculated – Local Government Lawyer

Posted November 29th, 2021 in news, Uncategorized by tracey

‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

IBA report links wellbeing to equality and diversity – Legal Futures

Posted November 29th, 2021 in news by tracey

‘Women, ethnic and other minorities and young people in the legal profession are most likely to suffer from depression, showing a link between wellbeing and issues of equality, diversity and inclusion, according to a high-level report.’

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Legal Futures, 29th November 2021

Source: www.legalfutures.co.uk

Ex-barrister wins appeal over first-ever life sentence for perverting justice – Legal Futures

Posted November 29th, 2021 in news by tracey

‘A former barrister who received the first-ever life sentence for perverting the course of justice, over claims she made against another barrister, has won her appeal against sentence.’

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Legal Futures, 29th November 2021

Source: www.legalfutures.co.uk

Increased transparency in the family courts to be the way forward – Family Law

Posted November 29th, 2021 in news by tracey

‘On 29 October 2021 the President of the Family Division, Sir Andrew McFarlane, published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the families and the children who turn to the courts for protection and resolution. Increased transparency in the family courts is plainly a top priority for the President; it should be the “new norm”.’

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Family Law, 26th November 2021

Source: www.familylaw.co.uk

British MPs call for law changes to help young Hongkongers flee to UK – The Guardian

Posted November 29th, 2021 in news by tracey

‘More than nine in 10 people who have faced protest charges in Hong Kong are too young to access a UK visa scheme dedicated to helping Hongkongers flee to Britain, according to advocates and MPs calling for new laws to assist them.’

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The Guardian, 28th November 2021

Source: www.theguardian.com

Official judgment portal set to go live – Law Society’s Gazette

Posted November 29th, 2021 in news by tracey

‘Nearly 50,000 court judgments have been set up to be posted online in the first phase of the government’s plan to create a cutting-edge free repository of legal information, the Gazette can reveal. The service, hosted by the National Archives, will go live next April when the Ministry of Justice’s contract with the British and Irish Legal Information Institute (BAILII) expires.’

Full Story

Law Society's Gazette, 29th November 2021

Source: www.lawgazette.co.uk

Research Briefing: Consumer protection: Unfair Trading Regulations 2008 – House of Commons Library

Posted November 29th, 2021 in news by tracey

‘The purpose of this House of Commons Library briefing paper is to provide a brief overview of the Consumer Protection from Unfair Trading Regulations 2008 (as amended).’

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House of Commons Library, 26th November 2021

Source: commonslibrary.parliament.uk

Tribunal to decide on motorist class action lawsuit against shipping cartel – The Independent

Posted November 29th, 2021 in news by tracey

‘Motorists who bought a new car between 2005 and 2015 will find out whether they should be able to automatically receive a payout from five of the world’s biggest shipping companies in a £150 million legal case. A three-day hearing at the Competition Appeal Tribunal in London begins on Monday, to decide whether a collective proceedings order (CPO) can be launched on behalf of UK consumers and businesses, which would see payouts on about 17 million vehicles.’

Full Story

The Independent, 29th November 2021

Source: www.independent.co.uk

Stricter curbs on MPs’ second jobs to be backed by standards watchdog, piling pressure on Boris Johnson – The Independent

Posted November 29th, 2021 in news by tracey

‘Stricter curbs on MPs taking second jobs will be proposed by a Commons watchdog, piling pressure on Boris Johnson to act and putting him on a fresh collision course with his own MPs.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

Asylum seekers jailed for steering dinghies appealing after being branded ‘people smugglers’ by government – The Independent

Posted November 29th, 2021 in news by tracey

‘More than a dozen asylum seekers who were jailed for steering dinghies across the English Channel are fighting to have their convictions overturned.’

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The Independent, 28th November 2021

Source: www.independent.co.uk

Deepcut deaths: army ‘treating victims’ families with contempt’ – The Guardian

Posted November 29th, 2021 in news by tracey

‘The sister of Pte Sean Benton, who committed suicide at Deepcut barracks, has accused the British army of treating victims’ families with contempt after it emerged that the military had failed to honour a pledge made at his inquest in 2018.’

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The Guardian, 28th November 2021

Source: www.theguardian.com

English universities risk breaking law over offer withdrawals, say ministers – The Guardian

Posted November 29th, 2021 in news by tracey

‘Universities in England risk breaking competition laws if they add loopholes letting them withdraw offers from students at the last minute if courses are oversubscribed, ministers and regulators have told vice-chancellors.’

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The Guardian, 29th November 2021

Source: www.theguardian.com

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

Full Story

Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

Statutory Instruments – legislation.gov.uk

Posted November 26th, 2021 in legislation by tracey

SI 2021/1307 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) (No. 2) Order 2021

SI 2021/1305 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021

SI 2021/1301 – The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) (No. 2) Order 2021

SI 2021/1308 – The Occupational Pensions (Revaluation) Order 2021

SI 2021/1318 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021

Source: www.legislation.gov.uk